Understanding the periods that determine the employee's vacation can be support to minimize errors in labor processes.
In this article we will cover the main differences between the vacation acquisition period and the concessive vacation period. We will present the rights of the worker according to the law and give tips for the company to be able to organize in the planning of vacations. Read the article and stay on top of this topic.
Understanding the vacation acquisition period
Vacation is the right of every worker to take after 12 months, the so-called vacation period, a total rest of 30 days.
What is the vacation period?
O vacation period is the 12-month period that precedes the worker's right to take 30 days of vacation. When the employee fulfills the 12 months of work, the so-called vacation acquisition period, he enters the concessive vacation period, when the company in agreement with the employee has a period of 12 months to grant his employee the right to enjoy his duties. vacation.
For this reason, it is essential that the company has a clear understanding of what the holiday purchase period means, because at the end of it and the entry of the concessive holiday period, it will be easier plan employee vacations, strictly following all the obligations under labor laws.
Many doubts still arise between people managers and those in charge of the human resources sector when it comes to the workers' right in relation to vacations, so we will talk about the vacation acquisition period and what is the importance of planning this moment so that the company does not suffer losses.
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O concessive vacation period this is what happens with the holiday purchase period. After 12 months of work, the employee has the right to take 30 days of vacation, this period after 12 months is the so-called concessive vacation period.
Despite the rule contained in the law that the employee needs the vacation after the 12 consecutive months of work, the jurisprudence gives the company the right to grant the vacation to its employee before the second complete acquisition period expires.
For you to understand better, if an employee is hired on February 10, 2017, on February 10, 2018 his vacation acquisition period ends and he enters the concessive vacation period, which is where the company has until February 10, 2021 to give this employee a vacation.
It is worth noting that, regardless of the month in which the employee takes his vacation, whether in April, September or October, on February 10, 2021, he wins his second vacation period and the second concessive vacation period begins.
The law of the holiday purchasing period
Following the labor law is one of the main points so that companies do not make mistakes that affect their structure and cause major financial holes with labor lawsuits.
And when it comes to vacations, there are very strict rules that are the company's responsibility to its employees, the big question is: “are you paying attention to the labor laws in your company?”
If the answer is not good, you should start reviewing your planning, because the chance of your company having a labor problem is very big.
Art. 130 of the CLT law details all the rights of the worker, when the subject is the vacation period and its particularities.
Art. 130 – After each period of 12 (twelve) months of validity of the employment contract, the employee will be entitled to vacation, in the following proportion: (Wording given by Decree-Law No. 1535, dated 4.13.1977)
I – 30 (thirty) consecutive days, when the service has not been absent more than 5 (five) times; (Included by Decree-Law No. 1,535, dated 4.13.1977);
II – 24 (twenty-four) consecutive days, when there have been 6 (six) to 14 (fourteen) absences; (Included by Decree-Law No. 1,535, dated 4.13.1977);
III – 18 (eighteen) consecutive days, when there have been 15 (fifteen) to 23 (twenty-three) absences; (Included by Decree-Law No. 1,535, dated 4.13.1977);
IV – 12 (twelve) consecutive days, when there have been 24 (twenty-four) to 32 (thirty-two) absences. (Included by Decree-Law No. 1,535, dated 4.13.1977).
- 1st – It is forbidden to discount the employee's absences from the holiday period. (Included by Decree-Law No. 1,535, dated 4.13.1977);
- 2nd – The vacation period will be counted, for all purposes, as length of service. (Included by Decree-Law No. 1,535, dated 4.13.1977).
Can I take a vacation before the holiday period ends?
The answer to this question is simple and is based on art.134.
Art. 134 – Vacations will be granted by act of the employer, in a single period, in the 12 (twelve) months subsequent to the date on which the employee acquired the right. (Wording given by Decree-Law No. 1,535, 4.13.1977)
According to article 134 of the above law, we can interpret and conclude that the employee's right to take a vacation is forbidden if he does not fulfill the 12 months of uninterrupted work, which is part of the vacation period.
Changes with the new law
THE new CLT law brought some changes in the relationship between company and employee, check below what has changed.
- Payment of vacation pay and, if applicable, the allowance referred to in art. 143 will be made up to 2 (two) days before the beginning of the respective period. The payment of the vacation can occur twice to the employee if the company happens to be late in paying the vacation, according to the new law;
- The employee can now split his vacation three times, with a minimum of 14 days in the first period and five days in the other two periods;
- Children under 18 and over 50 can now split their vacations;
- Partial work regime, with up to 5 hours a day, is also entitled to 30 days of vacation;
- Holidays can no longer start two days before the holiday or weekly neglect;
Vacation is the right of the worker
Failure to respect the vacation acquisition period or the concessive vacation period can bring great losses to the company. The main way to minimize any error related to labor rights is to understand the law and know what your company's responsibilities are in relation to the topic.
Recognizing previous mistakes, and being able to trace a path so that they no longer happen is the first step for any company that seeks success in all areas and wants the “wheel” to start turning towards results.
Organize employee vacations it may seem like a simple matter, but if your company does not understand the smallest details of employee rights, everything will be done anyway, leaving room for serious errors.
And what did you learn from this vacation article? Help your friends to build a more complete and organized vacation planning sharing this article. Set up your company's vacation planning with HR Consultant UK! 😉
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